Recent Changes for "Legal" - Occupy Together Field Manual

Legal

2011-10-12 05:01:41

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- It's a good idea to have a plan in case of arrest. OccupyTucson has an Emergency Response Worksheet which allows one to designate a trusted person to activate your instructions - child care, pet care, bail, what to tell your employer, etc. FB: OccupyTucson Legal Support Working Group. Will be posted 10/10/11.	+ It's a good idea to have a plan in case of arrest. OccupyTucson has an Emergency Response Worksheet which allows one to designate a trusted person to activate your instructions - child care, pet care, bail, what to tell your employer, etc. FB: OccupyTucson Legal Support Working Group. http://tinyurl.com/6kx5o8o

Legal

2011-10-12 03:24:11

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	+ + International: What is Activist Legal Support? Info and advice here [http://www.activistrights.org.au/cb_pages/activist_legal_support.php]
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	+ + A good discussion on police tactics at protests can be found here: [http://www.activistrights.org.au/cb_pages/police_tactics.php] + Policing Political Protests: http://www.activistrights.org.au/cb_pages/policing_protests.php + Why Police choose certain approaches: http://www.activistrights.org.au/cb_pages/police_tactics.php#Whycertainapproaches Which is good for analysis and assessment of the risk of police violence at Occupations at any given time. + +

Legal

2011-10-12 03:19:13

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- DON'T BE VIOLENT OR OVERLY AGGRESSIVE. Unless the riot police roll in, in which I recommend getting the hell out of there, any hint of violence done by protesters is an excuse for the police to shut the protest down and arrest ''everyone''. This includes something as inoffensive as shoving someone or throwing a cigarette at someone's shoes. Be peaceful, be firm, and don't try and start a fight. If you provoke a cop enough to start a fight, it doesn't matter if he hits you first; you're still going to jail for assaulting an officer.	+ DON'T BE VIOLENT OR OVERLY AGGRESSIVE. Unless the riot police roll in, in which more organised and disciplined nonviolent responses are required, any hint of violence done by protesters is an excuse for the police to shut the protest down and arrest ''everyone''. This includes something as inoffensive as shoving someone or throwing a cigarette at someone's shoes. Be peaceful, be firm, and don't try and start a fight. If you provoke a cop enough to start a fight, it doesn't matter if he hits you first; you're still going to jail for assaulting an officer.
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- Humble advice: smile at cops, film them, but avoid talking to them -- it is best to stay as anonymous as possible. Many modern police departments compile dossiers of information on people they identify, using practices created to monitor and control young minority gang members, but likely to be used against protesters as well.	+ Humble advice: smile at cops, film them, but be careful talking to them -- it is best to stay as anonymous as possible. Despite this, many movement have been successful in engaging individual police officers through deliberate fraternization (speaking with them as fellow humans). If used well fratenization can lead to widespread police/military nonco-operation (refusal to follow unjust orders or directives) Police officers are often instructed not to speak with protesters for this reason. There have already been reports of individual police officers offereing direct support, or joining the Occupations. + + Know that many modern police departments compile dossiers of information on people they identify, using practices created to monitor and control young minority gang members, but likely to be used against protesters as well.

Legal

2011-10-10 15:26:49

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	+ + ***** + It's a good idea to have a plan in case of arrest. OccupyTucson has an Emergency Response Worksheet which allows one to designate a trusted person to activate your instructions - child care, pet care, bail, what to tell your employer, etc. FB: OccupyTucson Legal Support Working Group. Will be posted 10/10/11.

Legal

2011-10-06 01:33:12

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- www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement	+ http://www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

Legal

2011-10-06 01:32:55

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- National Lawyers Guild -- www.nlg.org	+ National Lawyers Guild -- http://www.nlg.org
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- ACLU -- www.aclu.org	+ ACLU -- http://www.aclu.org

Legal

2011-10-06 01:15:50

re-ordering

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	+ + Before an occupation or rally or march, it is a good idea for organizers to make contact with people at local chapters of the National Lawyers Guild (NLG) and/or the American Civil Liberties Union (ACLU), if there are any in your area. The NLG will often provide legal observers for events, and can advise people on how to avoid arrest, what to do if arrested, and what to do after booked and released. + + National Lawyers Guild -- www.nlg.org + NLG chapters -- http://www.nlg.org/members/professional-chapters/ + ACLU -- www.aclu.org + + ****** + + Know your rights when encountering police! + ACLU Guides available at this link: + www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement + + **** +
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- - **** - - Know your rights when encountering police! - ACLU Guides available at this link: - www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement - - **** - - Before an occupation or rally or march, it is a good idea for organizers to make contact with people at local chapters of the National Lawyers Guild (NLG) and/or the American Civil Liberties Union (ACLU) if there are any in your area. The NLG will often provide legal observers for events, and can advise people on how to avoid arrest, what to do if arrested, and what to do after booked and released.

Legal

2011-10-06 01:11:25

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- Know your rights when encountering police -- ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]	+ Know your rights when encountering police! + ACLU Guides available at this link: + www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

Legal

2011-10-06 01:10:28

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- Know your rights when encountering police ---> ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]	+ Know your rights when encountering police -- ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]

Legal

2011-10-06 01:10:14

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- Know your rights when encountering police -- ACLU guides are available at this link -> - ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]	+ Know your rights when encountering police ---> ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]

Legal

2011-10-06 01:09:56

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- [www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement]	+ ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement" ACLU Guides]

Legal

2011-10-06 01:09:15

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- www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement	+ [www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement]

Legal

2011-10-06 00:50:24

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- ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement"]	+ www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

Legal

2011-10-06 00:49:58

additional information

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	+ + *** + + Humble advice: smile at cops, film them, but avoid talking to them -- it is best to stay as anonymous as possible. Many modern police departments compile dossiers of information on people they identify, using practices created to monitor and control young minority gang members, but likely to be used against protesters as well. + + ** + + Know your rights when encountering police -- ACLU guides are available at this link -> + ["www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement"] + + **** + + Before an occupation or rally or march, it is a good idea for organizers to make contact with people at local chapters of the National Lawyers Guild (NLG) and/or the American Civil Liberties Union (ACLU) if there are any in your area. The NLG will often provide legal observers for events, and can advise people on how to avoid arrest, what to do if arrested, and what to do after booked and released.

Legal

2011-10-05 23:50:55

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- I'm now a lawyer, but here are some basic things to avoid when carrying out a protest:	+ I'm not a lawyer, but here are some basic things to avoid when carrying out a protest:
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- Don't break any laws which the protest hasn't planned on breaking. This includes very insignificant things like jaywalking, crossing against a light, littering, trespassing, or anything at all that could be interpreted as break a law. Some protests are based on breaking the law in some manner, this is called ["http://thoreau.eserver.org/civil.html"Civil Disobedience]. This type of protest can be very effective, but you should limit the number of laws you are breaking before hand. This will reduce as sentence you and the other protesters receive if arrested, and prevent the appearance of anarchy.	+ Don't break any laws which the protest hasn't planned on breaking. This includes very insignificant things like jaywalking, crossing against a light, littering, trespassing, or anything at all that could be interpreted as break a law. Some protests are based on breaking the law in some manner, this is called [http://thoreau.eserver.org/civil.html Civil Disobedience]. This type of protest can be very effective, but you should limit the number of laws you are breaking before hand. This will reduce as sentence you and the other protesters receive if arrested, and prevent the appearance of anarchy.

Legal

2011-10-05 23:49:42

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- Doh!	+ I'm now a lawyer, but here are some basic things to avoid when carrying out a protest: + + DON'T BE VIOLENT OR OVERLY AGGRESSIVE. Unless the riot police roll in, in which I recommend getting the hell out of there, any hint of violence done by protesters is an excuse for the police to shut the protest down and arrest ''everyone''. This includes something as inoffensive as shoving someone or throwing a cigarette at someone's shoes. Be peaceful, be firm, and don't try and start a fight. If you provoke a cop enough to start a fight, it doesn't matter if he hits you first; you're still going to jail for assaulting an officer. + + Don't have any drugs on your person or in your body. Obviously caffeine and cigarettes are not that big of a deal, but if you are arrested drugs will be a major impediment to being released or not being charged. This falls under the "don't make this easy for the cops" category; if you're drunk or high or carrying drugs, you can be labeled disorderly or under the influence or many other things to excuse hauling your ass off to jail. Go sober; you may need your wits with you. + + Don't break any laws which the protest hasn't planned on breaking. This includes very insignificant things like jaywalking, crossing against a light, littering, trespassing, or anything at all that could be interpreted as break a law. Some protests are based on breaking the law in some manner, this is called ["http://thoreau.eserver.org/civil.html"Civil Disobedience]. This type of protest can be very effective, but you should limit the number of laws you are breaking before hand. This will reduce as sentence you and the other protesters receive if arrested, and prevent the appearance of anarchy. + + Remember, once someone in a protest breaks the law, the police will try and end the protest there and then.

Legal

2011-10-04 16:45:17

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- The Legal Working Group (Legal Group) of an Occupation has two roles: - - (See Definitions below for terms used in this Field Manual) - - '''The First Role''' is as an intermediary to work between the Occupation Members & General Assembly and the countless Legal Organizations & Law Firms who may volunteer their services. The Legal Organizations that may support the Occupation (this is not comprehensive) include: - - National Lawyers Guild- http://www.nlg.org/ - American Civil Liberty Union- http://www.aclu.org/ - Center for Constitutional Rights- http://ccrjustice.org/ - - These Legal Organizations can and sometimes will provide assistance such as Legal Observers, to observe police interaction & arrests, and the review of legal briefs concerning the Occupation's Constitutional Right to peaceably assemble. Coordination with these Legal Organizations are best done on a local level with your local branch of these Legal Organizations since they are aware of Local Laws & Statutes and can work more closely with the Legal Group. - - In the event it is necessary to assert the Occupation's and Occupation Member's Constitutional Right to Peaceably Assemble in the courts, it is important to have a strong Legal Team to coordinate and come up with a Legal Strategy. The Legal Team includes the Legal Group, Legal Organizations, Law Firms and Individual Lawyers who have volunteered their services to the Occupation. It is important to note in this case that the Legal Group should not actively represent and speak on behalf of the Occupation Members; but rather act as an intermediary between the different Legal Organizations, Law Firms or Individual Lawyers working on behalf of the Occupation & General Assembly, providing Legal Information and Legal Analysis of the Legal Information provided by the Legal Team as a collective. Decisions regarding Legal Actions and Legal Strategies should be made on an individual basis by Occupation Members in the case of arrests or by the General Assembly in the case of the filing of a Legal Action concerning the Occupation's Constitutional Right to Peaceably Assemble. The best case scenario is for the Legal Team to be comprised of Occupation Members or General Assembly Members who have Legal Training and/or Legal Expertise. The Legal Team should remain open so that all Occupation Members may join it, but it should also be recognized that Legal Strategies are sometimes best kept confidential & not broadly broadcast. The Legal Team should actively work to inspire confidence in their ability to provide competent Legal Analysis and manage the internal workings of the Legal Team as a whole to arrive at the best recommendation possible. - - Note on Retainers: It is the recommendation of the New York City General Assembly Legal Team that Legal Retainers between Law Firms and Occupation Members not be Enacted; but rather that all Legal Organizations, Law Firms and Individual Lawyers freely join and leave the Legal Team as they see fit. - - '''The Second''', and arguably most important role, of the Legal Group is to provide Protest Training to Occupation Members that state what are Legal Actions, what are Illegal Actions and what actions may fall into Legal Gray Areas where Federal/Local Laws and Statutes may contradict each other. It is not only important that Protest Training be conducted to inform Occupation Members of what are Illegal Actions & what are Illegal Actions, Police Tactics that may be employed to disrupt the Occupation, and Non-Violent Resistance Strategies to counteract Police Intrusion & Tactics; but it is also through Protest Training that the Legal Group can showcase their Legal Expertise and inspire confidence among Occupation Members in the Legal Group's Legal Analysis of Legal Information provided by the Legal Team. (Protest Training Field Manual to Follow) - - It is also recommended that the Legal Group establish a Legal Table within the Occupation at which Legal Information, such as brochures, as well as Information from Legal Firms and Individual Lawyers who would like to offer Legal Services to Occupation Members, or the General Assembly, can be collected for Occupation Members who have not undergone Protest Training. If a Legal Table is established a member of the Legal Group should be stationed at the table at all times, to prevent Incorrect Legal Information or Legal Analysis that conflict with the Legal Analysis of the Legal Group from being spread to Occupation Members and to preserve Occupation Members confidence in the Legal Group. Jail Support and Protest Buddy Pairing are also services that can be provided at the Legal Table. - - Under no circumstance should the Legal Group or General Assembly condone or call for Illegal Actions, with the exception of the assertion of Occupation Member's First Amendment Right to Peaceably Assemble when Federal State and/or Local Laws and Statutes limit or negate this right. Each Occupation Member has an individual responsibility to not commit Illegal Actions, and the General Assembly & Legal Group should explicitly make it known to Occupation Members that engaging in Illegal Actions threaten the ability of the Occupation to sustain itself and infringe upon other Occupation Member's Right to Peaceably Assemble. Illegal Actions are committed by individual Occupation Members and Legal Defense for arrests made for performing Illegal Actions should be launched Individually; with the only exception being when mass arrests are made by police to Occupation Member's when they are assembled peaceably and no Illegal Actions have occurred a mass defense may be considered by the General Assembly & Legal Group. - - DEFINITIONS: - - Occupation- An Occupation is an area that has been liberated from Private or Governmental administration. The purpose of an Occupation is to create a safe space for discourses on the multiple problems that currently face our society, and in which people peaceably assemble in General Assemblies to formulate petitions to the Government and Institutions (Private and Public) of our country for a redress of grievances. The liberation of Public Spaces from Private and Government Control through Occupations by the people are necessary because Private/Corporate Institutions now control our Government through the employment of Campaign Finance/Lobbying Schemes and the Two Party Caucus System. The current Federal and State Government's of the United States of America is no longer a representative government of the people as the majority of citizens have been disenfranchised by the aforementioned schemes, and it is the duty of the people to peaceably reconstitute themselves in liberated spaces as Occupations to address the current Political, Economic and Environmental Crises that face this nation. (Please note this is not a legal argument or justification, but just an explanation of how the term Occupation is used in this document and an explanation of the reasoning behind the employment of occupations by the people to once again create a representative government.) - Occupation Members- Any person who enters an Occupation, joins in a march or protest originating or ending in an Occupied Area; or who engages in actions to support an Occupation. - General Assembly- A body that is constituted by Occupation Members for the purpose of making Collective Decisions. The General Assembly does not have jurisdiction over all Occupation Members, and Occupation Members may decide not to engage in the General Assembly because of philosophical & political concerns. The highest priority of the General Assembly is to represent the interests of all living beings regardless of whether or not they have engaged in the collective decision making process of the General Assembly. Legal entities including Corporations, Political Parties and Organizations have no recognizes rights in the General Assembly, and members of these legal entities address & engage in the collective decision making process as individuals not on behalf of these entities. - General Assembly Members- Any person who engages in the collective decision making process of the General Assembly. - Legal Working Group (Legal Group)- Working Groups are established by the General Assembly to allow both General Assembly Members & Occupation Members to engage in actions for the benefit of the General Assembly and all Occupation Members. The General Assembly reserves the right to censor, retract and prevent working groups from engaging in acts and/or retracting communiques that do not represent the common good or opinions of the General Assembly. The Legal Working Group is established by the General Assembly to consolidate legal information & analysis, conduct Protest Trainings for Occupation Members, provide services such as Jail Support & the pairing of protest buddies, and coordinate the addressing of the legal concerns of the General Assembly. The Legal Group acts as a liaison between the Legal Team & the General Assembly and is not empowered to make decisions on behalf of the General Assembly. The Legal Group should remain an open group to all Occupation Members although tiers may be instituted to preserve the confidentiality of legal strategies & analysis. - Legal Team- The Legal Team consists of the Legal Group, Legal Organizations, Law Firms & Individual Lawyers who have offered their services on behalf of the Occupation Members & General Assembly. The Legal Group reserves the right to exclude any party that is deemed to be counterproductive or destructive to the accomplishment of the goals of the General Assembly from the Legal Team. - Legal Organizations- Legal Organizations include any organization that is providing Legal Assistance to Occupation Members or the General Assembly. - Law Firms- Law Firms are any Legal Firm that has volunteered its services to Occupation Members and the General Assembly. - Individual Lawyers- Individual Lawyers include any Lawyer admitted to the Bar of the State in which the Occupation exists, who has volunteered their individual services to Occupation Members and the General Assembly. - Legal Observers- Legal Observers are impartial observers who observe Marches, Protests, and Disruptive Actions to document Police actions & arrests. - First Amendment Right to Peaceably Assemble- The First Amendment of the United States of America States that: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” - Legal Strategy- A Legal Strategy is an authorization by the General Assembly of how to proceed in resolving a Legal Concern of the General Assembly. - Legal Information- Legal Information is any information deemed pertinent to a legal concern of the General Assembly. - Legal Analysis- A Legal Analysis is an opinion generated by a member of the Legal Team and communicated to the General Assembly by the Legal Group. - Legal Retainers- Any document retaining a Legal Firm or Individual Lawyer to represent the interests of a client. - Protest Training- Protest Training is a training intended to inform Occupation Members of their Legal Rights. - Police Tactics - Police Intrusion - Non-Violent Resistance Stategies	+ Doh!

Legal

NYCCamp — 2011-09-30 19:44:06

This is a working draft and does not constitute legal advice.

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- Occupation - Occupation Members - General Assembly - General Assembly Members - Legal Working Group (Legal Group) - Legal Team - Legal Organizations - Law Firms - Individual Lawyers - Legal Observers - First Amendment Right to Peaceably Assemble - Legal Strategy - Legal Information - Legal Analysis - Legal Retainers - Protest Training - Legal Actions - Illegal Actions - Legal Gray Areas	+ Occupation- An Occupation is an area that has been liberated from Private or Governmental administration. The purpose of an Occupation is to create a safe space for discourses on the multiple problems that currently face our society, and in which people peaceably assemble in General Assemblies to formulate petitions to the Government and Institutions (Private and Public) of our country for a redress of grievances. The liberation of Public Spaces from Private and Government Control through Occupations by the people are necessary because Private/Corporate Institutions now control our Government through the employment of Campaign Finance/Lobbying Schemes and the Two Party Caucus System. The current Federal and State Government's of the United States of America is no longer a representative government of the people as the majority of citizens have been disenfranchised by the aforementioned schemes, and it is the duty of the people to peaceably reconstitute themselves in liberated spaces as Occupations to address the current Political, Economic and Environmental Crises that face this nation. (Please note this is not a legal argument or justification, but just an explanation of how the term Occupation is used in this document and an explanation of the reasoning behind the employment of occupations by the people to once again create a representative government.) + Occupation Members- Any person who enters an Occupation, joins in a march or protest originating or ending in an Occupied Area; or who engages in actions to support an Occupation. + General Assembly- A body that is constituted by Occupation Members for the purpose of making Collective Decisions. The General Assembly does not have jurisdiction over all Occupation Members, and Occupation Members may decide not to engage in the General Assembly because of philosophical & political concerns. The highest priority of the General Assembly is to represent the interests of all living beings regardless of whether or not they have engaged in the collective decision making process of the General Assembly. Legal entities including Corporations, Political Parties and Organizations have no recognizes rights in the General Assembly, and members of these legal entities address & engage in the collective decision making process as individuals not on behalf of these entities. + General Assembly Members- Any person who engages in the collective decision making process of the General Assembly. + Legal Working Group (Legal Group)- Working Groups are established by the General Assembly to allow both General Assembly Members & Occupation Members to engage in actions for the benefit of the General Assembly and all Occupation Members. The General Assembly reserves the right to censor, retract and prevent working groups from engaging in acts and/or retracting communiques that do not represent the common good or opinions of the General Assembly. The Legal Working Group is established by the General Assembly to consolidate legal information & analysis, conduct Protest Trainings for Occupation Members, provide services such as Jail Support & the pairing of protest buddies, and coordinate the addressing of the legal concerns of the General Assembly. The Legal Group acts as a liaison between the Legal Team & the General Assembly and is not empowered to make decisions on behalf of the General Assembly. The Legal Group should remain an open group to all Occupation Members although tiers may be instituted to preserve the confidentiality of legal strategies & analysis. + Legal Team- The Legal Team consists of the Legal Group, Legal Organizations, Law Firms & Individual Lawyers who have offered their services on behalf of the Occupation Members & General Assembly. The Legal Group reserves the right to exclude any party that is deemed to be counterproductive or destructive to the accomplishment of the goals of the General Assembly from the Legal Team. + Legal Organizations- Legal Organizations include any organization that is providing Legal Assistance to Occupation Members or the General Assembly. + Law Firms- Law Firms are any Legal Firm that has volunteered its services to Occupation Members and the General Assembly. + Individual Lawyers- Individual Lawyers include any Lawyer admitted to the Bar of the State in which the Occupation exists, who has volunteered their individual services to Occupation Members and the General Assembly. + Legal Observers- Legal Observers are impartial observers who observe Marches, Protests, and Disruptive Actions to document Police actions & arrests. + First Amendment Right to Peaceably Assemble- The First Amendment of the United States of America States that: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” + Legal Strategy- A Legal Strategy is an authorization by the General Assembly of how to proceed in resolving a Legal Concern of the General Assembly. + Legal Information- Legal Information is any information deemed pertinent to a legal concern of the General Assembly. + Legal Analysis- A Legal Analysis is an opinion generated by a member of the Legal Team and communicated to the General Assembly by the Legal Group. + Legal Retainers- Any document retaining a Legal Firm or Individual Lawyer to represent the interests of a client. + Protest Training- Protest Training is a training intended to inform Occupation Members of their Legal Rights.

Legal

NYCCamp — 2011-09-30 17:35:59

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- Go here: - http://www.nlg.org/	+ The Legal Working Group (Legal Group) of an Occupation has two roles: + + (See Definitions below for terms used in this Field Manual) + + '''The First Role''' is as an intermediary to work between the Occupation Members & General Assembly and the countless Legal Organizations & Law Firms who may volunteer their services. The Legal Organizations that may support the Occupation (this is not comprehensive) include: + + National Lawyers Guild- http://www.nlg.org/ + American Civil Liberty Union- http://www.aclu.org/ + Center for Constitutional Rights- http://ccrjustice.org/ + + These Legal Organizations can and sometimes will provide assistance such as Legal Observers, to observe police interaction & arrests, and the review of legal briefs concerning the Occupation's Constitutional Right to peaceably assemble. Coordination with these Legal Organizations are best done on a local level with your local branch of these Legal Organizations since they are aware of Local Laws & Statutes and can work more closely with the Legal Group. + + In the event it is necessary to assert the Occupation's and Occupation Member's Constitutional Right to Peaceably Assemble in the courts, it is important to have a strong Legal Team to coordinate and come up with a Legal Strategy. The Legal Team includes the Legal Group, Legal Organizations, Law Firms and Individual Lawyers who have volunteered their services to the Occupation. It is important to note in this case that the Legal Group should not actively represent and speak on behalf of the Occupation Members; but rather act as an intermediary between the different Legal Organizations, Law Firms or Individual Lawyers working on behalf of the Occupation & General Assembly, providing Legal Information and Legal Analysis of the Legal Information provided by the Legal Team as a collective. Decisions regarding Legal Actions and Legal Strategies should be made on an individual basis by Occupation Members in the case of arrests or by the General Assembly in the case of the filing of a Legal Action concerning the Occupation's Constitutional Right to Peaceably Assemble. The best case scenario is for the Legal Team to be comprised of Occupation Members or General Assembly Members who have Legal Training and/or Legal Expertise. The Legal Team should remain open so that all Occupation Members may join it, but it should also be recognized that Legal Strategies are sometimes best kept confidential & not broadly broadcast. The Legal Team should actively work to inspire confidence in their ability to provide competent Legal Analysis and manage the internal workings of the Legal Team as a whole to arrive at the best recommendation possible. + + Note on Retainers: It is the recommendation of the New York City General Assembly Legal Team that Legal Retainers between Law Firms and Occupation Members not be Enacted; but rather that all Legal Organizations, Law Firms and Individual Lawyers freely join and leave the Legal Team as they see fit. + + '''The Second''', and arguably most important role, of the Legal Group is to provide Protest Training to Occupation Members that state what are Legal Actions, what are Illegal Actions and what actions may fall into Legal Gray Areas where Federal/Local Laws and Statutes may contradict each other. It is not only important that Protest Training be conducted to inform Occupation Members of what are Illegal Actions & what are Illegal Actions, Police Tactics that may be employed to disrupt the Occupation, and Non-Violent Resistance Strategies to counteract Police Intrusion & Tactics; but it is also through Protest Training that the Legal Group can showcase their Legal Expertise and inspire confidence among Occupation Members in the Legal Group's Legal Analysis of Legal Information provided by the Legal Team. (Protest Training Field Manual to Follow) + + It is also recommended that the Legal Group establish a Legal Table within the Occupation at which Legal Information, such as brochures, as well as Information from Legal Firms and Individual Lawyers who would like to offer Legal Services to Occupation Members, or the General Assembly, can be collected for Occupation Members who have not undergone Protest Training. If a Legal Table is established a member of the Legal Group should be stationed at the table at all times, to prevent Incorrect Legal Information or Legal Analysis that conflict with the Legal Analysis of the Legal Group from being spread to Occupation Members and to preserve Occupation Members confidence in the Legal Group. Jail Support and Protest Buddy Pairing are also services that can be provided at the Legal Table. + + Under no circumstance should the Legal Group or General Assembly condone or call for Illegal Actions, with the exception of the assertion of Occupation Member's First Amendment Right to Peaceably Assemble when Federal State and/or Local Laws and Statutes limit or negate this right. Each Occupation Member has an individual responsibility to not commit Illegal Actions, and the General Assembly & Legal Group should explicitly make it known to Occupation Members that engaging in Illegal Actions threaten the ability of the Occupation to sustain itself and infringe upon other Occupation Member's Right to Peaceably Assemble. Illegal Actions are committed by individual Occupation Members and Legal Defense for arrests made for performing Illegal Actions should be launched Individually; with the only exception being when mass arrests are made by police to Occupation Member's when they are assembled peaceably and no Illegal Actions have occurred a mass defense may be considered by the General Assembly & Legal Group. + + DEFINITIONS: + + Occupation + Occupation Members + General Assembly + General Assembly Members + Legal Working Group (Legal Group) + Legal Team + Legal Organizations + Law Firms + Individual Lawyers + Legal Observers + First Amendment Right to Peaceably Assemble + Legal Strategy + Legal Information + Legal Analysis + Legal Retainers + Protest Training + Legal Actions + Illegal Actions + Legal Gray Areas + Police Tactics + Police Intrusion + Non-Violent Resistance Stategies

Legal

2011-09-30 04:52:56

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	+ Go here: + http://www.nlg.org/